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Aparna Joshi (SID)     11 January 2012

Rcr

Hi...my husband is a govt servent and living with his divorced sister and her teenage son. I am living with my parents for 14 months and have a 9 month old child. I do not get along with my husband's sis and she creates misunderstandings between me and my husband. I have filed RCR against my husband and wants to live with him in a seperate home. Can that happen?

Also, if we go for divorce, can I claim for child support after filing RCR?

My husband does not want to leave his sister. The sister is earning a six figure salary and is independent.

I have not filed any other case against him and do not want to file a criminal case. I want to live with him and believe that 498A/DVA will poison the marriage forever.

Please advise.



Learning

 8 Replies


(Guest)

You Are right Sister,

Those 498A/DVA will poise n the marriage forever.So try to Solve Amicably. Talk to him, Show your Intention, Try to Understand What Exactly he wants

All the Best

2 Like

Aparna Joshi (SID)     11 January 2012

I have tried talking to him. He also wants to stay with me but is getting bad legal advice lately. He is asking for stuff like my agreement to stay in joint family forever in writing. His sister is very dominating and I dont want to bring up my kid with her.

I have tried reconcilliation many times. Can court appointed mediation help?


(Guest)

Go back to your matrimonial home..

 

It may take couple of months to restore the confidence of your in-laws..but very soon things will fall in place. Believe me small kid in home can makes wonders which you may not have thought even in your remote dreams.

1 Like

Shantanu Wavhal (Worker)     11 January 2012

what if you were at the place of the said divorced sister ?

what if your bhabhi were asking ur brother to live separately ??


learn to compromise if u want to survive ur marriage

Aparna Joshi (SID)     11 January 2012

Thanks for your advice Amit. I did do what you suggested for three years. But if the sister is the root cause for the rift, then what?

I am not against my husband's sister. I even suggested we live next door and continue to provide support - emotional (I am very sympathetic to her situation but its been 10 years since her divorce and she should stop playing the 'I am a divorcee' sympathy card and move on in her life) and financial (which she does not need as she is earning well).

But I do have a problem when she creates all sorts of misunderstandings in my marital life.

Had I wanted to create trouble, I would have filed a criminal case against my husband and his family. I dont want that. I am seeking an amicable resolution to this problem where everyone makes some compromise and lives happily.

So my original questions stand...can I rely on court appointed mediation for a resolution?

 


(Guest)

Try mediating via elders/relatives.

 

Once matrimonial issues gets to court / police station...repairing of this relation beomes next to impossible.


(Guest)

Addition to previous posts,

 

Try mediating via husband's friends.

Chaitanya_Lawyer_Mumbai (Lawyer)     12 January 2012

File for RCR & maintenance in  Family court.

Child custody will remain with you only.


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